刑事责任最基本的典型形式是对著作权及其关联权的国外立法遵从

O. Korotiuk
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引用次数: 0

摘要

本文分析了国外刑法中侵害著作权及相关权客体的主要形式类型。可以确定的是,世界上大多数国家都预见到上述行为的刑事责任。本文的目的是考察国外著作权及关联权最基本的典型合规形式的刑事责任问题。侵害版权对象的危害社会的极其普遍的形式是“盗用作者身份”、“抄袭”和“强迫共同作者身份”。侵犯版权对象的罪行通常放在“侵犯人和公民的宪法权利和自由的罪行”、“侵犯财产的罪行”一节中,在某些情况下,还放在“侵犯知识产权的罪行”一节中。对国外刑事立法的分析表明,侵犯著作权及相关权客体的典型形式包括:a)违反既定立法程序,非法进入著作权及相关权客体流通的行为。这些类型的侵犯由外国刑法的下列措辞来代表:表示版权及相关权利客体的进口或其他移动行为的措辞(例如,运输、移动、进口、出口等);表示有关取得和储存无法流通的物品的行为的措词(特别是取得、储存、为贸易或列入贸易而有意识地拥有、非法制造的物品、货物,包括进口、接收等);指将物品引入商品流通的行为或为进一步引入商品流通而采取的任何行为,包括将用于非法创造版权及相关权利物品的设备投入流通的行为(例如,使用未打勾的物品和在没有作者合同的情况下使用物品);营业额介绍;进入流通;更改、删除保护权利的象征和标志等对象的副本);B)非法生产(创造)和/或非法使用该物品。刑法规定中的下列用语是指这些攻击行为:指与非法创造知识产权客体有关的行为,对客体或客体的信息进行某种改变的行为,以及对客体非法获得权利的行为(如归属或强制、抄袭、复制、伪造、模仿等);表示非法使用和分发物品行为的措辞(特别是非法使用、非法分发、出售或要约出售、销售等);指出任何上述侵犯,以及对版权及相关权利客体的其他攻击(例如违反法律、以任何其他形式使用客体、其他侵犯权利、侵犯任何权利等)的一般措辞。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Criminal responsibility for the most basic typical forms of compliance of copyright and associated rights over the foreign legislation
The article analyzes the criminal law of foreign countries, which reflect the main types of forms of encroachments on objects of copyright and related rights. It has been established that the criminal responsibility for the above-mentioned acts was foreseen in the most countries of the world. The purpose of the article is to investigate the issue of criminal responsibility for the most basic typical forms of compliance of copyright and associated rights over the foreign legislation. Extremely widespread forms of socially dangerous encroachments on copyright objects are "appropriation of authorship", "plagiarism" and "coercion to co-authorship". Offenses that encroach on copyright objects are usually placed in the sections "Crimes against the constitutional rights and freedoms of man and citizen", "Crimes against property", and in some cases are placed in a separate section "Crimes against Intellectual Property». Analysis of the criminal legislation of foreign countries suggests that the typical forms of encroachments on objects of copyright and related rights include acts related to: a) the illegal entry into the circulation of objects of copyright and related rights contrary to the established legislation procedure. These types of encroachments are represented by the following wording of the criminal law of foreign law: the wording indicating the act of import or other movement of objects of copyright and related rights (for example, transportation, movement, import, export, etc.); wording indicating acts concerning the acquisition and storage of objects that could not be in circulation (in particular, acquisition, storage, conscious possession for the purpose of trade or inclusion in trade, illicitly created objects, goods, including if they were imported, receiving etc.); the wording indicating the acts related to the introduction of objects to commodity circulation or the commission of any actions for the purpose of further introduction into circulation, including acts concerning the putting into circulation of equipment for the illegal creation of copyright and related rights objects (for example, the use of objects without a check mark and in the absence of author's contracts; introduction into business turnover; introduction into circulation; change, removal from copies of objects of symbols and signs of protection of rights etc.); b) illegal production (creation) and / or illegal use of such objects. The following wording of the criminal law provisions refers to these attacks: the wording which denotes actions related to the illegal creation of the object of intellectual property rights, the introduction of certain changes to the object or information about the object, as well as acts of unlawful gain rights to the object (for example, attribution or coercion, plagiarism, reproduction, copying, forgery or imitation etc.); wording that denotes acts of unlawful use and distribution of objects (in particular, illegal use, illegal distribution, sale or offer for sale, sales etc.); general wording indicating any of the above-mentioned encroachments, as well as other attacks on the objects of copyright and related rights (for example violation of the law, any other form of use of objects, other infringement of rights, violation of any which of the rights etc.).
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